Cemex in Spain price-fixing investigation-filing

MONTERREY, Mexico, Sept 22 | Tue Sep 22, 2009 5:41pm EDT

MONTERREY, Mexico, Sept 22 (Reuters) - Spanish anti-trust authorities searched the local offices of Mexico's Cemex on Tuesday in an investigation into possible price fixing by the cement maker, the company told U.S. securities regulators in a filing.

Cemex, the world's No. 3 cement maker (CMXCPO.MX) (CX.N), said in the filing with the U.S. Securities and Exchange Commission that the search was part of an investigation of building materials companies in Spain "for possible unlawful practices consisting of price fixing and market sharing agreements."

The filing said that if any companies were found guilty, they could face a penalty of up to 10 percent of total sales volumes.

Last year, the European Commission started a probe into possible cartel activity in the cement sector. Cemex said it had not been able to confirm whether the Spanish investigation was in addition to the EU probe.

Companies including Paris-listed Lafarge (LAFP.PA), the world's biggest cement maker, Swiss-based Holcim (HOLN.VX), the second biggest, and Mexico's Cemex said last year that their offices had been searched.

In 1994, the European Commission fined cement companies including Lafarge for operating a cartel, dividing up cement markets and sharing information.

Cemex has large operations in Spain, Britain, Germany and eastern Europe.

The company, long an investor favorite for its rapid global growth, is just beginning to win back investor confidence after securing a $15 billion debt refinancing deal last month. (Reporting by Robin Emmott)

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